1. The petitioner who apprehends arrests at the hands of the respondent police for the offences under Sections 294(b), 324 and 506(ii) IPC. Seeks anticipatory bail.

2. The learned Government Advocate (Criminal side) submitted that the case is registered against this petitioner and his son under Sections 294(b) and 324 IPC which are bailable in nature.

3. At this juncture, the learned counsel appearing for the petitioner submitted that the learned Judicial Magistrate II, Ponneri, remanded the co-accused on 18.3.2011 and refused to release the accused on bail when the bail was filed under Section 436 Crl.P.C. observing that the offence is a non-bailable as per the amended Act and released him on bail only on 23.2.2011. The learned counsel also produced the copy of the bail application and order passed by the learned Magistrate dated 18.3.2011 and 23.3.2011 in CMP No.1857 of 2011.

4. This Court feels that it is erroneous on the part of the learned Judicial Magistrate II, Ponneri, to consider Section 324 IPC as non-bailable by merely looking into printed book. Under Act 5 of 2005 Cr.P.C. dated 23.6.2005, the Code of Criminal Procedure was amended and as per the amended Act u